CODE OF CONDUCT ON COUNTERING ILLEGAL HATE SPEECH ONLINE

Facebook, Microsoft*, Twitter and YouTube (hereinafter "the IT Companies") also involvedin the EU Internet Forum share, together with other platforms and social media companies,a collective responsibility and pride in promoting and facilitating freedom of expressionthroughout the online world;The IT Companies also share the European Commission's and EU Member States'commitment to tackle illegal hate speech online. Illegal hate speech, as defined by theFramework Decision 2008/913/JHA of 28 November 2008 on combating certain forms andexpressions of racism and xenophobia by means of criminal law and national lawstransposing it, means all conduct publicly inciting to violence or hatred directed against agroup of persons or a member of such a group defined by reference to race, colour, religion,descent or national or ethnic origin. The IT Companies and the European Commission alsostress the need to defend the right to freedom of expression, which, as the European Court ofHuman Rights has stated, is applicable not only to "information" or "ideas" that arefavourably received or regarded as inoffensive or as a matter of indifference, but also to thosethat offend, shock or disturb the State or any sector of the population.1Broader society and in particular civil society organisations (CSOs) also have a crucial role toplay in the field of preventing the rise of hatred online, by developing counter-narrativespromoting non-discrimination, tolerance and respect, including through awareness-raisingactivities.The IT Companies support the European Commission and EU Member States in the effort torespond to the challenge of ensuring that online platforms do not offer opportunities for illegalonline hate speech to spread virally. The spread of illegal hate speech online not onlynegatively affects the groups or individuals that it targets, it also negatively impacts thosewho speak out for freedom, tolerance and non-discrimination in our open societies and has achilling effect on the democratic discourse on online platforms.The Joint Statement issued by the extraordinary Justice and Home Affairs Council of 24March 2016 on the terrorist attacks in Brussels underlines that "the Commission will intensifywork with IT companies, notably in the EU Internet Forum, to counter terrorist propagandaand to develop by June 2016 a code of conduct against hate speech online".2In order to prevent the spread of illegal hate speech, it is essential to ensure that relevantnational laws transposing the Council Framework Decision 2008/913/JHA are fully enforcedby Member States in the online as well as the in the offline environment. While the effectiveapplication of provisions criminalising hate speech is dependent on a robust system ofenforcement of criminal law sanctions against the individual perpetrators of hate speech, thiswork must be complemented with actions geared at ensuring that illegal hate speech online isexpeditiously acted upon by online intermediaries and social media platforms, upon receipt of

*12

Microsoft-hosted consumer services, as relevant

Handyside v. the United Kingdom judgment of 7 December 1976, 49http://www.consilium.europa.eu/en/press/press-releases/2016/03/24-statement-on-terrorist-attacks-inbrussels-on-22-march/

a valid notification, in an appropriate time-frame. To be considered valid in this respect, a

notification should not be insufficiently precise or inadequately substantiated.The IT Companies underline that the present code of conduct3 is aimed at guiding their ownactivities as well as sharing best practices with other internet companies, platforms and socialmedia operators.The IT Companies, taking the lead on countering the spread of illegal hate speech online,have agreed with the European Commission on a code of conduct setting the following publiccommitments:

The IT Companies to have in place clear and effective processes to review notificationsregarding illegal hate speech on their services so they can remove or disable access tosuch content. The IT companies to have in place Rules or Community Guidelinesclarifying that they prohibit the promotion of incitement to violence and hateful conduct.

Upon receipt of a valid removal notification, the IT Companies to review such requestsagainst their rules and community guidelines and where necessary national lawstransposing the Framework Decision 2008/913/JHA, with dedicated teams reviewingrequests.

The IT Companies to review the majority of valid notifications for removal of illegal hatespeech in less than 24 hours and remove or disable access to such content, if necessary.

In addition to the above, the IT Companies to educate and raise awareness with their usersabout the types of content not permitted under their rules and community guidelines. Thenotification system could be used as a tool to do this.

The IT companies to provide information on the procedures for submitting notices, with aview to improving the speed and effectiveness of communication between the MemberState authorities and the IT Companies, in particular on notifications and on disablingaccess to or removal of illegal hate speech online. The information is to be channelledthrough the national contact points designated by the IT companies and the MemberStates respectively. This would also enable Member States, and in particular their lawenforcement agencies, to further familiarise themselves with the methods to recognise andnotify the companies of illegal hate speech online.

The IT Companies to encourage the provision of notices and flagging of content thatpromotes incitement to violence and hateful conduct at scale by experts, particularly viapartnerships with CSOs, by providing clear information on individual company Rules andCommunity Guidelines and rules on the reporting and notification processes. The ITCompanies to endeavour to strengthen partnerships with CSOs by widening thegeographical spread of such partnerships and, where appropriate, to provide support and

Article 16 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certainlegal aspects of information society services, in particular electronic commerce, in the Internal Market('Directive on electronic commerce', OJ L 178, 17.7.2000), indicates that Member States and the Commissionshall encourage the drawing up of codes of conduct at Union level, by trade, professional and consumerassociations or organisations designed to contribute to the implementation of its Articles 5 to 15.

training to enable CSO partners to fulfil the role of a "trusted reporter" or equivalent, withdue respect to the need of maintaining their independence and credibility.

The IT Companies rely on support from Member States and the European Commission toensure access to a representative network of CSO partners and "trusted reporters" in allMember States to help provide high quality notices. IT Companies to make informationabout "trusted reporters" available on their websites.

The IT Companies to provide regular training to their staff on current societal

developments and to exchange views on the potential for further improvement.

The IT Companies to intensify cooperation between themselves and other platforms andsocial media companies to enhance best practice sharing.

The IT Companies and the European Commission, recognising the value of independentcounter speech against hateful rhetoric and prejudice, aim to continue their work inidentifying and promoting independent counter-narratives, new ideas and initiatives andsupporting educational programs that encourage critical thinking.

The IT Companies to intensify their work with CSOs to deliver best practice training oncountering hateful rhetoric and prejudice and increase the scale of their proactive outreachto CSOs to help them deliver effective counter speech campaigns. The EuropeanCommission, in cooperation with Member States, to contribute to this endeavour bytaking steps to map CSOs' specific needs and demands in this respect.

The European Commission in coordination with Member States to promote the adherenceto the commitments set out in this code of conduct also to other relevant platforms andsocial media companies.

The IT Companies and the European Commission agree to assess the public commitments inthis code of conduct on a regular basis, including their impact. They also agree to furtherdiscuss how to promote transparency and encourage counter and alternative narratives. Tothis end, regular meetings will take place and a preliminary assessment will be reported to theHigh Level Group on Combating Racism, Xenophobia and all forms of intolerance by the endof 2016.